The difference between the two is that:
1. Both parties who want to finish this matter have made some mutually agreed decisions on some terms of this matter, and then decided. In this case, an agreement has been reached on this matter. In the legal sense, this agreement is called a contract.
Generally speaking, if this agreement or contract plays a role, their legal meanings are indistinguishable, but if it doesn't, it will be different.
3, to the relevant departments for public certification to deal with the contract or agreement, its role is to make the contract and agreement more effective, without changing its own effectiveness. This is unnecessary.
Whether a document is called a contract or an agreement, it is just like our name, but it is given a different name. Both parties who handle this matter can determine the name or content of this document at will, and of course it must be based on the law.
5. The agreement we are talking about is an agreement reached with the State Committee, relevant units and everyone. Of course, the agreement must be mutually agreed. There may be some correspondence between this convention.
There is no doubt that contract and agreement have the same meaning in many aspects, but we can't ignore many obvious differences between them. The contract will explain the whole agreement more clearly, and if it is not implemented according to the agreement, it will bear certain responsibilities. The agreement is broad, indicating the general meaning. If it is not completed as agreed, it will not be responsible. Generally speaking, agreement is a necessary condition for the emergence of a contract, and the contract expounds the agreement in more detail.
7. The Civil Code stipulates this interpretation more clearly: a contract is an agreement between two people in the same position. If there is any change, it will be changed accordingly, otherwise it will be terminated. It can also be seen that there is no special difference between contract and agreement in concept, but from a mathematical point of view, we can find in more detail that as long as it can become a contract, it must be an agreement, and vice versa.
8. Legal basis: Civil Law (effective)
Article 961 An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides media services for concluding a contract, and the client pays the remuneration.
Article 962 The broker shall truthfully report to the principal the matters related to the conclusion of the contract. If the broker intentionally conceals important facts related to the conclusion of the contract or provides false information, which harms the interests of the client, he shall not ask for payment of remuneration and shall be liable for compensation.
Second, the legal characteristics of the intermediary contract
1. An intermediary contract is a contract in which one party reports the contracting opportunity for the other party or acts as a contracting medium.
2. Intermediary contracts are paid contracts.
3. Intermediary contracts are divided into agreed contracts and non-agreed contracts.
4. There is uncertainty in the performance of the payment obligation of the principal of the intermediary contract.
In an intermediation contract, when the activities of the same person achieve the purpose of intermediation, the client fulfills the obligation to pay remuneration. However, it is uncertain whether the intermediary can achieve the purpose of the intermediary, so the performance of the client's payment obligation is also uncertain.
5. The subject of the intermediary contract is special. Laws and regulations should restrict the qualifications of intermediaries, require intermediaries to have corresponding knowledge, ability and professional qualifications, and stipulate that people with special powers such as state organs and leading cadres may not engage in intermediary transactions as intermediaries.
Both sides who want to finish something have made some mutually agreed decisions on some terms of this matter, and then decided. The above situation is that an agreement has been reached on this matter. Legally speaking, this agreement is called a contract. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.